title Archives | SCC Times

Declaration of status or right/title to property is a relief in personam and is arbitrable: Delhi High Court

“Only when the subject matter of the dispute relates to actions in rem, that do not relate to subordinate rights in personam arising from rights in rem, the subject matter will be non-arbitrable.”

Cases Reported Never Reported Judgments

Never Reported Judgment | When Supreme Court determined title to Pune’s Hadapsar lands that remained undivided in partition of family property [(1952) 2 SCC 104]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on partition of Hadapsar lands under Hindu law.

Case Briefs High Courts

“It is not for the court to decide the validity of the allotment of land by the Government”; Tripura High Court dismisses appeal in suit for recovery of possession of land

Tripura High Court: T. Amarnath Goud, J. dismissed a second appeal which was filed under section 100 of the Civil

Case Briefs High Courts

Gujarat High Court | ‘Occupier’ of the land cannot be denied electricity connection only because land is in dispute

Gujarat High Court: A.S. Supehia, J. has allowed a writ petition which was filed after the respondent authorities denied to

Case Briefs High Courts

“..use of salutation and titles is prohibited in terms of Arts. 14 18 and 363A of the Constitution of India in public documents and public offices”; Raj HC observes in a case where hereditary title was mentioned in a cause title

Rajasthan High Court: Sameer Jain, J., directed the petitioners to file amended cause title at all respective places. The instant facts of

Case Briefs Supreme Court

“Revenue record is not a document of title”; Mere mentioning of name in revenue records will not create any right, title or interest over forest land: SC

“It would be sufficient to describe the limits of the forest by roads, rivers, ridges or other well-known or readily intelligible boundaries for notification Section 4 of the Forest Act…specific details are not required.”

Case Briefs High Courts

Chh HC | Whether transfer/sale of Abadi land is complete without delivery of possession of the land along with superstructure in favour of the purchaser? HC decides

Chattisgarh High Court: Sanjay K Agrawal J., dismissed the second appeal being devoid of merits. The facts of the case are such

Case Briefs High Courts

Bom HC | Plaintiff protecting possession of immovable property need not prove title to it where suit filed on the basis of settled exclusive possession

Bombay High Court: S.C. Gupte, J., while allowing a second appeal filed by the plaintiff against the order of the first Appellate court,

Case Briefs Tribunals/Commissions/Regulatory Bodies

PMLA | Nexus to transaction must be proved to array a person as defendant in proceedings for confiscation of property involved in money laundering

Appellate Tribunal for PMLA: The Tribunal chaired by Manmohan Singh, J. set aside an order restraining a woman from sale or transfer

Case Briefs High Courts

Ker HC | Tahsildar, as the mutation granting authority, has no power to examine vexed issues of title

Kerala High Court: The Bench of Alexander Thomas, J. set aside an order passed by Tahsildar vide which petitioners’ request for transfer

Case Briefs High Courts

Ker HC | Writ court cannot direct police assistance in cases involving disputed questions of title and possession of property

Kerala High Court: A Division Bench comprising of P.R. Ramachandra Menon and N. Anil Kumar, JJ. dismissed a petition seeing mandamus for

Case Briefs High Courts

Tripura HC| Res Judicata applicable where suit subject is identical even if subsequent suit filed by different party

Tripura High Court: The Division Bench of Sanjay Karol, CJ and Arindam Lodh, J. dismissed an appeal filed against the judgment rendered by

Case Briefs High Courts

Civil disputes between private parties relating to possession and title of immovable property not amenable to the writ jurisdiction

Jammu and Kashmir High Court: A Single Judge Bench of Sanjeev Kumar, J., dismissed this writ petition, claiming relief by private parties,

Case Briefs High Courts

Nobody can pass a better title than he himself has

Karnataka High Court: A Single Judge Bench comprising of Vineet Kothari, J., decided a writ petition filed under Articles 226 and 227